(a) In addition to all other powers and duties of the
director, as prescribed in this article or elsewhere by law, the
director shall exercise supervision over the administration and
enforcement of the provisions of this article, and all orders
and permits issued pursuant to the provisions of this article.

(b) In addition to all other powers and duties of the
director, as prescribed in this article or elsewhere by law, the
director has authority to promulgate rules, in accordance with
the provisions of chapter twenty-nine-a of this code, to
implement and make effective the powers, duties and
responsibilities vested in the director by the provisions of
this article and otherwise by law: Provided,
That all such rules
shall be consistent with the declaration of public policy set
forth in section two of this article.

(c) The director and duly authorized representatives, have
the power and authority to make investigations, inspections and
inquiries concerning compliance with the provisions of this
article, any order made and entered in accordance with the
provisions of this article, any rules promulgated by the
director, and with the terms and conditions of any permit issued
in accordance with the provisions of section nine of this
article. In order to make such investigations, inspections and
inquiries, the director and duly authorized representatives,
have the power and authority to enter at all reasonable times
upon any private or public property, subject to responsibility for any damage to the property entered. Upon entering, and
before making any investigation, inspection and inquiry, such
person shall immediately present himself or herself to the
occupant of the property. Upon entering property used in any
manufacturing, mining or other commercial enterprise, or by any
municipality or governmental agency or a subdivision, and before
making any investigation, inspection and inquiry, such person
shall immediately present himself or herself to the person in
charge of the operation, and if he or she is not available, to a
managerial employee. All persons shall cooperate fully with the
person entering such property for such purposes. Upon a refusal
of the person owning or controlling such property to permit such
entrance or the making of such inspections, investigations and
inquiries, the director may apply to the circuit court of the
county in which such property is located, or to the judge thereof
in vacation, for an order permitting such entrance and the
making of such inspections, investigations, and inquiries; and
jurisdiction is hereby conferred upon such court to enter such
order upon a showing that the relief asked is necessary for the
proper enforcement of this article. Nothing contained in this
section eliminates any obligation to follow any process that may
be required by law.

Note: WV Code updated with legislation passed through the 2015 Regular Session
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